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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
In April this year, significant amendments were made to the family justice system. One of the major changes only came into force on 22 October and will affect separating parents going forward.
Section 11 of the Child and Families Act 2014 (the Act) now provides that, when the court makes a decision about who a child should live or spend time with, there is a presumption (unless the contrary is shown) that the involvement of both parents in the child’s life will further the child’s welfare. This has also been referred to as ‘the presumption of parental involvement’.
In January 2014, the Supreme Court handed down its’ judgment in the case of Marley v Rawlings and another, which related to a will that had been incorrectly signed. For an overview of the case, please see our previous blog: ‘Supreme Court upholds the Wills in a landmark case where a married couple accidentally signed each other’s wills’.
The number of children born to unmarried parents has more than doubled since the 1990s and it may only be a few years before the majority of babies are born outside marriage. However, awareness of unmarried parents’ financial obligations towards their children and one another on separation remains worryingly low.
The average Briton now delays making a Will until they are 72 years old according to a recent survey by Remember a Charity. Only three in 10 people in the UK actually have a Will and many of us simply don’t write a Will at all in spite of this being an age of increasingly complicated financial affairs, complex family dynamics and people moving between countries. The lack of engagement or willingness to arrange our affairs is somewhat surprising given the difficulties that can arise if matters are not dealt with and how these may affect the passing down of wealth to your children and through generations.
Despite decades of work by governments, police agencies, and charities, the statistics relating to domestic abuse are still horrific.
In our experience, it is often at the point of breakup of a relationship that allegations of abuse first surface, which can lead to criminal and civil consequences for the abuser, and can make an already complicated and difficult situation even more tense.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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